Rajasthan High Court - Jodhpur
Munne Khan vs State Of Rajasthan on 6 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-538/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 538/2022
Munne Khan S/o Gafur Khan, Aged About 42 Years, B/c Sindhi
Musalman, R/o Village Rohilla Kallan, P.s. Jhanwar, Dist. Jodhpur.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Roopi Devi W/o Pukh Raj Meghwal, R/o Village
Rohillan Kallan, P.s. Jhanwar, Dist. Jodhpur.
----Respondents
For Appellant(s) : Mr. Govind Suthar
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/05/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Admit.
Issue notice to respondent No.2, as the learned Public
Prosecutor already appearing on behalf of respondent No.1-State.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.366/2022.
Learned counsel for the appellant submits that the learned
trial court has already suspended the sentence of the appellant
temporarily.
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Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
366/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 25.04.2022 in Sessions Case No.100/2016
(CNR No.RJJU050002282016) against appellant- Munne Khan S/
o Gafur Khan shall remain suspended till final disposal of the
aforesaid appeal, provided that he executes a personal bond in a
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 27.06.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing HIS changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal misc. Case related to original case in which the accused-
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appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused appellant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
3-Zeeshan
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